260 Windsor Street, Birmingham, B7 4DX

Planning appeal 3322392 at 260 Windsor Street, Birmingham, B7 4DX (Birmingham City Council) was dismissed on 31 January 2024 by Inspector Moore J, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would provide acceptable living conditions for future occupiers, with particular regard to levels of noise and disturbance, and the provision of private amenity space.

change of use of first floor commercial annex office and part of ground floor to 3-bed HMO (Use Class C4) and installation of rear balcony

Authority: Birmingham City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Change of use
Inspector: Moore J
Postcode: B7 4DX

Main issues, as the Inspector framed them

Whether the proposed development would provide acceptable living conditions for future occupiers, with particular regard to levels of noise and disturbance, and the provision of private amenity space

What decided it

The unacceptable harm to the living conditions of future occupiers through inadequate assessment of noise impacts and provision of private amenity space significantly and demonstrably outweighed the limited benefits of housing delivery.

The significant harm to living conditions of future occupiers outweighed the limited benefits of housing delivery and economic benefits, even accounting for the Council's inability to demonstrate a five-year housing supply

What the Inspector cited

Development plan policies: Policy PG3Policy TP27Policy DM2Policy DM6Policy DM11
National Planning Policy Framework: Paragraph 135Paragraph 191
Judgments: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.